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(영문) 울산지방법원 2016.11.08 2016고단3494

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 9, 2016, at around 02:30 on October 9, 2016, the Defendant was unable to avoid disturbance of alcohol in the first floor house where the Defendant’s female-friendly C is residing in Ulsan-gu, Ulsan-gu.

12 After receiving a report, the police officer E and police officer belonging to the Ulsan Central Police Station D Zone D District Police Station of the Ulsan Central Police Station shall hear the statement from C and recommended the defendant to return home from the house.

The Defendant, along with his own bath theory, stated that “I must not am. I want to die. I will am scarbly take disciplinary actions where I would do so. I will do so. I will do so.” The Defendant, with two descendants, carried the chest of E one time, carried the eye of F with a view to seeing the eye.”

On the other hand, the Defendant continued to get on the back seat of the patrol vehicle, and the EF did not comply with the demand of the patrol vehicle to get on the patrol vehicle, and assaulted the F's arms to be called out upon receiving another 112 report.

Accordingly, the Defendant interfered with the police officers' legitimate performance of their duties on the maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of E and F;

1. Article 136 (1) of the Criminal Act concerning the facts constituting the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment imposed for the crimes of obstruction of performance of official duties against heavier F);

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing guidelines for the recommendation [decision of types] of the obstruction of performance of official duties (the obstruction of performance of official duties/performance of duties): The mitigated element: The degree of assault, intimidation, and deceptive scheme is minor: A majority of the public officials who have suffered damage (two police officers) [the scope of recommendation] imprisonment with prison labor, six months to one year and four months (the basic area of suspended execution) [the grounds for the suspension of execution] comprehensive comparison and evaluation of the reasons for the suspension of execution - The main reasons for the suspension of execution: The degree of assault, intimidation, and deceptive scheme is insignificant - there are no significant and negative reasons for the suspension of execution - There are no significant reasons for the general affirmative participation: social bond.